2151.414
Hearing on motion requesting permanent custody.

(1)
Upon the filing of a motion pursuant to section 2151.413 of the Revised Code
for permanent custody of a child, the court shall schedule a hearing and give
notice of the filing of the motion and of the hearing, in accordance with
section 2151.29 of the Revised Code, to all parties to the action and to the
child's guardian ad litem. The notice also shall contain a full explanation
that the granting of permanent custody permanently divests the parents of their
parental rights, a full explanation of their right to be represented by counsel
and to have counsel appointed pursuant to Chapter 120. of the Revised Code if
they are indigent, and the name and telephone number of the court employee
designated by the court pursuant to section 2151.314 of the Revised Code to
arrange for the prompt appointment of counsel for indigent persons.

The court shall conduct a
hearing in accordance with section 2151.35 of the Revised Code to determine if
it is in the best interest of the child to permanently terminate parental
rights and grant permanent custody to the agency that filed the motion. The
adjudication that the child is an abused, neglected, or dependent child and any
dispositional order that has been issued in the case under section 2151.353 of
the Revised Code pursuant to the adjudication shall not be readjudicated at the
hearing and shall not be affected by a denial of the motion for permanent
custody.

(2)
The court
shall hold the hearing scheduled pursuant to division (A)(1) of this section
not later than one hundred twenty days after the agency files the motion for
permanent custody, except that, for good cause shown, the court may continue
the hearing for a reasonable period of time beyond the one-hundred-twenty-day
deadline. The court shall issue an order that grants, denies, or otherwise
disposes of the motion for permanent custody, and journalize the order, not
later than two hundred days after the agency files the motion.

If a motion is made under
division (D)(2) of section 2151.413 of the Revised Code and no dispositional
hearing has been held in the case, the court may hear the motion in the
dispositional hearing required by division (B) of section 2151.35 of the
Revised Code. If the court issues an order pursuant to section 2151.353 of the
Revised Code granting permanent custody of the child to the agency, the court
shall immediately dismiss the motion made under division (D)(2) of section
2151.413 of the Revised Code.

The failure of the court
to comply with the time periods set forth in division (A)(2) of this section
does not affect the authority of the court to issue any order under this
chapter and does not provide any basis for attacking the jurisdiction of the
court or the validity of any order of the court.

(1)
Except as provided in division (B)(2) of this section, the court may grant
permanent custody of a child to a movant if the court determines at the hearing
held pursuant to division (A) of this section, by clear and convincing
evidence, that it is in the best interest of the child to grant permanent
custody of the child to the agency that filed the motion for permanent custody
and that any of the following apply:

(a)
The
child is not abandoned or orphaned, has not been in the temporary custody of
one or more public children services agencies or private child placing agencies
for twelve or more months of a consecutive twenty-two-month period, or has not
been in the temporary custody of one or more public children services agencies
or private child placing agencies for twelve or more months of a consecutive
twenty-two-month period if, as described in division (D)(1) of section 2151.413
of the Revised Code, the child was previously in the temporary custody of an
equivalent agency in another state, and the child cannot be placed with either
of the child's parents within a reasonable time or should not be placed with
the child's parents.

(c)
The child is
orphaned, and there are no relatives of the child who are able to take
permanent custody.

(d)
The child
has been in the temporary custody of one or more public children services
agencies or private child placing agencies for twelve or more months of a
consecutive twenty-two-month period, or the child has been in the temporary
custody of one or more public children services agencies or private child
placing agencies for twelve or more months of a consecutive twenty-two-month
period and, as described in division (D)(1) of section 2151.413 of the Revised
Code, the child was previously in the temporary custody of an equivalent agency
in another state.

(e)
The child or another child in the custody of the
parent or parents from whose custody the child has been removed has been
adjudicated an abused, neglected, or dependent child on three separate
occasions by any court in this state or another state.

For the purposes of
division (B)(1) of this section, a child shall be considered to have entered
the temporary custody of an agency on the earlier of the date the child is
adjudicated pursuant to section 2151.28 of the Revised Code or the date that is
sixty days after the removal of the child from home.

(2)
With respect
to a motion made pursuant to division (D)(2) of section 2151.413 of the Revised
Code, the court shall grant permanent custody of the child to the movant if the
court determines in accordance with division (E) of this section that the child
cannot be placed with one of the child's parents within a reasonable time or
should not be placed with either parent and determines in accordance with
division (D) of this section that permanent custody is in the child's best
interest.

(C)
In making
the determinations required by this section or division (A)(4) of section
2151.353 of the Revised Code, a court shall not consider the effect the
granting of permanent custody to the agency would have upon any parent of the
child. A written report of the guardian ad litem of the child shall be
submitted to the court prior to or at the time of the hearing held pursuant to
division (A) of this section or section 2151.35 of the Revised Code but shall
not be submitted under oath.

If the court grants
permanent custody of a child to a movant under this division, the court, upon
the request of any party, shall file a written opinion setting forth its
findings of fact and conclusions of law in relation to the proceeding. The
court shall not deny an agency's motion for permanent custody solely because
the agency failed to implement any particular aspect of the child's case
plan.

(1)
In
determining the best interest of a child at a hearing held pursuant to division
(A) of this section or for the purposes of division (A)(4) or (5) of section
2151.353 or division (C) of section 2151.415 of the Revised Code, the court
shall consider all relevant factors, including, but not limited to, the
following:

(a)
The
interaction and interrelationship of the child with the child's parents,
siblings, relatives, foster caregivers and out-of-home providers, and any other
person who may significantly affect the child;

(b)
The
wishes of the child, as expressed directly by the child or through the child's
guardian ad litem, with due regard for the maturity of the child;

(c)
The
custodial history of the child, including whether the child has been in the
temporary custody of one or more public children services agencies or private
child placing agencies for twelve or more months of a consecutive
twenty-two-month period, or the child has been in the temporary custody of one
or more public children services agencies or private child placing agencies for
twelve or more months of a consecutive twenty-two-month period and, as
described in division (D)(1) of section 2151.413 of the Revised Code, the child
was previously in the temporary custody of an equivalent agency in another
state;

(d)
The child's
need for a legally secure permanent placement and whether that type of
placement can be achieved without a grant of permanent custody to the
agency;

(e)
Whether any
of the factors in divisions (E)(7) to (11) of this section apply in relation to
the parents and child.

For the purposes of
division (D)(1) of this section, a child shall be considered to have entered
the temporary custody of an agency on the earlier of the date the child is
adjudicated pursuant to section 2151.28 of the Revised Code or the date that is
sixty days after the removal of the child from home.

(2)
If all of
the following apply, permanent custody is in the best interest of the child, and the court shall commit the child to the
permanent custody of a public children services agency or private child placing
agency:

(a)
The court
determines by clear and convincing evidence that one or more of the factors in
division (E) of this section exist and the child cannot be placed with one of
the child's parents within a reasonable time or should not be placed with
either parent.

(b)
The child
has been in an agency's custody for two years or longer, and no longer
qualifies for temporary custody pursuant to division (D) of section 2151.415 of
the Revised Code.

(c)
The child
does not meet the requirements for a planned permanent living arrangement
pursuant to division (A)(5) of section 2151.353 of the Revised Code.

(d)
Prior to the dispositional hearing, no relative or other interested person has
filed, or has been identified in, a motion for legal custody of the
child.

(E)
In
determining at a hearing held pursuant to division (A) of this section or for
the purposes of division (A)(4) of section 2151.353 of the Revised Code whether
a child cannot be placed with either parent within a reasonable period of time
or should not be placed with the parents, the court shall consider all relevant
evidence. If the court determines, by clear and convincing evidence, at a
hearing held pursuant to division (A) of this section or for the purposes of
division (A)(4) of section 2151.353 of the Revised Code that one or more of the
following exist as to each of the child's parents, the court shall enter a
finding that the child cannot be placed with either parent within a reasonable
time or should not be placed with either parent:

(1)
Following the placement of the child outside the child's home and
notwithstanding reasonable case planning and diligent efforts by the agency to
assist the parents to remedy the problems that initially caused the child to be
placed outside the home, the parent has failed continuously and repeatedly to
substantially remedy the conditions causing the child to be placed outside the
child's home. In determining whether the parents have substantially remedied
those conditions, the court shall consider parental utilization of medical,
psychiatric, psychological, and other social and rehabilitative services and
material resources that were made available to the parents for the purpose of
changing parental conduct to allow them to resume and maintain parental
duties.

(2)
Chronic
mental illness, chronic emotional illness, mental retardation, physical
disability, or chemical dependency of the parent that is so severe that it
makes the parent unable to provide an adequate permanent home for the child at
the present time and, as anticipated, within one year after the court holds the
hearing pursuant to division (A) of this section or for the purposes of
division (A)(4) of section 2151.353 of the Revised Code;

(3)
The
parent committed any abuse as described in section 2151.031 of the Revised Code
against the child, caused the child to suffer any neglect as described in
section 2151.03 of the Revised Code, or allowed the child to suffer any neglect
as described in section 2151.03 of the Revised Code between the date that the
original complaint alleging abuse or neglect was filed and the date of the
filing of the motion for permanent custody;

(4)
The
parent has demonstrated a lack of commitment toward the child by failing to
regularly support, visit, or communicate with the child when able to do so, or
by other actions showing an unwillingness to provide an adequate permanent home
for the child;

(5)
The parent
is incarcerated for an offense committed against the child or a sibling of the
child;

(6)
The parent
has been convicted of or pleaded guilty to an offense under division (A) or (C)
of section 2919.22 or under section 2903.16, 2903.21, 2903.34, 2905.01,
2905.02, 2905.03, 2905.04, 2905.05, 2907.07, 2907.08, 2907.09, 2907.12,
2907.23, 2907.25,
2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,
2911.12, 2919.12, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, or
3716.11 of the Revised Code, and the child or a
sibling of the child was a victim of the offense,
or the parent has been convicted of or pleaded guilty to an offense under
section 2903.04 of the Revised Code, a sibling of the child was the victim of
the offense, and the parent who committed the offense poses an ongoing danger
to the child or a sibling of the child.

(7)
The
parent has been convicted of or pleaded guilty to one of the following:

(a)
An
offense under section 2903.01, 2903.02, or 2903.03 of the Revised Code or under
an existing or former law of this state, any other state, or the United States
that is substantially equivalent to an offense described in those sections and
the victim of the offense was a sibling of the child or the victim was another
child who lived in the parent's household at the time of the offense;

(b)
An
offense under section 2903.11, 2903.12, or 2903.13 of the Revised Code or under
an existing or former law of this state, any other state, or the United States
that is substantially equivalent to an offense described in those sections and
the victim of the offense is the child, a sibling of the child, or another
child who lived in the parent's household at the time of the offense;

(c)
An
offense under division (B)(2) of section 2919.22 of the Revised Code or under
an existing or former law of this state, any other state, or the United States
that is substantially equivalent to the offense described in that section and
the child, a sibling of the child, or another child who lived in the parent's
household at the time of the offense is the victim of the offense;

(d)
An
offense under section 2907.02, 2907.03, 2907.04, 2907.05, or 2907.06 of the
Revised Code or under an existing or former law of this state, any other state,
or the United States that is substantially equivalent to an offense described
in those sections and the victim of the offense is the child, a sibling of the
child, or another child who lived in the parent's household at the time of the
offense;

(e)
An offense under section 2905.32, 2907.21, or 2907.22
of the Revised Code or under an existing or former law of this state, any other
state, or the United States that is substantially equivalent to the offense
described in that section and the victim of the offense is the child, a sibling
of the child, or another child who lived in the parent's household at the time
of the offense;

(f)
A conspiracy
or attempt to commit, or complicity in committing, an offense described in
division (E)(7)(a) , (d), or (e) of this
section.

(8)
The parent
has repeatedly withheld medical treatment or food from the child when the
parent has the means to provide the treatment or food, and, in the case of
withheld medical treatment, the parent withheld it for a purpose other than to
treat the physical or mental illness or defect of the child by spiritual means
through prayer alone in accordance with the tenets of a recognized religious
body.

(9)
The parent
has placed the child at substantial risk of harm two or more times due to
alcohol or drug abuse and has rejected treatment two or more times or refused
to participate in further treatment two or more times after a case plan issued
pursuant to section 2151.412 of the Revised Code requiring treatment of the
parent was journalized as part of a dispositional order issued with respect to
the child or an order was issued by any other court requiring treatment of the
parent.

(11)
The parent has had parental rights involuntarily terminated with respect to a
sibling of the child pursuant to this section or section 2151.353 or 2151.415
of the Revised Code, or under an existing or former law of this state, any
other state, or the United States that is substantially equivalent to those
sections, and the parent has failed to provide clear and convincing evidence to
prove that, notwithstanding the prior termination, the parent can provide a
legally secure permanent placement and adequate care for the health, welfare,
and safety of the child.

(12)
The parent is incarcerated at the time of the filing of the motion for
permanent custody or the dispositional hearing of the child and will not be
available to care for the child for at least eighteen months after the filing
of the motion for permanent custody or the dispositional hearing.

(13)
The parent is repeatedly incarcerated, and the repeated incarceration prevents
the parent from providing care for the child.

(14)
The parent for any reason is unwilling to provide food, clothing, shelter, and
other basic necessities for the child or to prevent the child from suffering
physical, emotional, or sexual abuse or physical, emotional, or mental
neglect.

(15)
The parent
has committed abuse as described in section 2151.031 of the Revised Code
against the child or caused or allowed the child to suffer neglect as described
in section 2151.03 of the Revised Code, and the court determines that the
seriousness, nature, or likelihood of recurrence of the abuse or neglect makes
the child's placement with the child's parent a threat to the child's
safety.

(F)
The
parents of a child for whom the court has issued an order granting permanent
custody pursuant to this section, upon the issuance of the order, cease to be
parties to the action. This division is not intended to eliminate or restrict
any right of the parents to appeal the granting of permanent custody of their
child to a movant pursuant to this section.